Fort Belknap v. Office of Pub. & Indian Hous., No. 12-70221 (9th Cir. 2013)
Annotate this CaseThis case involves a federal rent-subsidy program for Indian Tribes and Tribally Designated Housing Entities (TDHE) that lease housing to Indians. Fort Belknap, a TDHE, petitioned for review of HUD's decision to withhold overpayments from future program payments. The court held that 25 U.S.C. 4161(d) allows an appeal only when HUD takes action pursuant to section 4161(a). In this instance, because HUD has taken no action pursuant to section 4161(a), the court dismissed the petition for lack of jurisdiction.
Court Description: Housing / Tribal Affairs. The panel dismissed a petition for review of a decision of the Department of Housing and Urban Development to withhold overpayments made to the Fort Belknap Housing Department under the federal rent-subsidy program for Indian Tribes and Tribal Designated Housing Entities. The panel held that because the Department of Housing and Urban Development had taken no “action” pursuant to 25 U.S.C. § 4161(a), it lacked jurisdiction to entertain the appeal. The panel held it lacked jurisdiction because HUD neither alleged nor found that Fort Belknap failed to comply substantially with the provisions of the Native American Housing Assistance and Self Determination Act of 1996; and because HUD did not impose the remedies listed in 25 U.S.C. § 4161(a)(1). The panel dismissed Fort Belknap’s petition without reaching the merits.
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